GSB#2018-3983

UNION# 2019-0708-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ye)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Brian P. Sheehan

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Caroline Markiewicz Treasury Board Secretariat Employee Relations Advisor

HEARING

September 11, 2019

Decision

1The Employer and the Union at the Thunder Bay Correctional Centre agreed to participate in the Expedited Mediation/Arbitration process in accordance with the negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say, that the parties have agreed to a True Mediation/Arbitration process wherein each party provides the Arbitrator with their submissions setting out the facts and the authorities they respectively will rely upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement; and it is without prejudice or precedent.

2The grievor is employed as a Correctional Officer 1 with a hire date of March 12, 2018.

3As of December 2018, the grievor was working at the Thunder Bay Correctional Centre.

4Initially, the grievor made a request for time off for certain days in December 2018. That request was denied.

5The grievor subsequently booked off sick with respect to certain of the days that the grievor had initially requested time off for.

6The Employer requested the grievor supply a medical note regarding the days in question. The grievor complied with that request and supplied the medical note.

7The grievor seeks to be reimbursed $40.00 for the cost of the medical note.

8The Employer has refused to reimburse the grievor for the cost of the note on the basis that it had reasonable grounds to suspect sick leave abuse on the part of the grievor.

9It is my view, consistent with the decision of the GSB in Re: Hernden/Larkin 2370/11 3166/11 (Dissanayake) that the Employer is not obligated to reimburse the grievor for the cost of the supplied medical note. Pursuant to Article 44.10, the Employer had a reasonable basis to request the note in question and as determined by Arbitrator Dissanayake in Hernden/Larkin, there is no requirement under the collective agreement for the Employer to cover the cost of a medical note that is properly sought pursuant to Article 44.10.

10Accordingly, the grievance is, hereby, dismissed.